Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
following utilizations of reclaimed water and closed-loop recycle activities
shall be deemed to be permitted pursuant to
G.S.
143-215.1(b), and it is not
necessary for the Division to issue individual permits or coverage under a
general permit for construction or operation of the following utilization
systems provided the system does not result in any violations of surface water
or groundwater standards, there is no unpermitted direct discharge to surface
waters, and all criteria required for the specific system are met:
(1) Discharges to the land surface from
flushing and hydrostatic testing water associated with utility distribution
systems, new sewer extensions, or new reclaimed water distribution
lines;
(2) Overflow from elevated
and covered or enclosed reclaimed water storage facilities if no viable
alternative exists and all reasonable measures are taken to reduce the risk of
overflow;
(3) Any de minimus runoff
from reclaimed water used during fire fighting or extinguishing, dust control,
soil compaction for construction purposes, street sweeping, overspray on yard
inlets, overspray on golf cart paths, or vehicle washing provided the use is
approved in a permit issued by the Division;
(4) Incidental discharge to a municipal
separate storm sewer system (MS4) that occurs as a result of reclaimed water
utilization activities provided such activity is approved in a reclaimed water
utilization permit issued by the Division, and the discharge does not violate
water quality standards. This does not exempt the reclaimed water user from
complying with any applicable local ordinances that may prohibit such
discharges;
(5) Rehabilitation,
repair, or replacement of reclaimed water lines in kind with the same
horizontal and vertical alignment;
(6) In accordance with
15A NCAC
02H .0106(f)(5), flushing,
including air release valve discharge, and hydrostatic testing water discharges
associated with reclaimed water distribution systems if no water quality
standards are violated;
(7)
Utilization of reclaimed water received from a reclaimed water bulk
distribution program permitted under Rule .0601 of this Subchapter;
(8) Irrigation of residential lots or
commercial application areas less than two acres in size that are supplied with
reclaimed water as part of a conjunctive reclaimed water system meeting the
requirements of Rules .0301, .0401, .0403, .0501, and .0701 of this Subchapter;
Chapter 89G of the General Statutes; approved by the local building inspection
department; and installed by a North Carolina Licensed Irrigation Contractor
pursuant to G.S. 89G. A scaled site map showing the location of the reclaimed
water irrigation system and all features necessary to show compliance with
applicable setbacks in Rule .0701 of this Subchapter shall be submitted to the
reclaimed water provider;
(9)
Irrigation of agricultural crops, including irrigation of ornamental crops by
field nurseries and aboveground container nurseries, supplied with reclaimed
water as part of a conjunctive reclaimed water system meeting the requirements
of this Subchapter and approved by the reclaimed water provider;
(10) Drip irrigation sites supplied with
reclaimed water as part of a conjunctive reclaimed water system generated from
an onsite wastewater treatment facility meeting the criteria of this Subchapter
and the conjunctive system has been approved by the Department of Health and
Human Services and is permitted under 18A .1900;
(11) Reuse of produced waters and flowback
waters from oil and gas wells regulated by Article 27 of G.S. 113 for reuse in
accordance with water and waste management plans approved pursuant to rules of
the Mining and Energy Commission as set forth in
15A NCAC
05H;
(12) Toilet and urinal flushing systems
supplied by reclaimed water as part of a conjunctive reclaimed water system
meeting the applicable requirements of Rules .0301, .0401, .0403, .0501, and
.0701 of this Subchapter; Chapter 89G of the General Statutes; approved by the
local building inspection department; and installed by a North Carolina
Licensed Plumbing Contractor pursuant to G.S. 89;
(13) Return of wastewater within an
industrial or commercial process where there is no anticipated release of
wastewater provided the facility develops and maintains a spill control plan in
the event of a release, no earthen basins are used, and the system is contained
and under roof;
(14) Recycling of
rinse water at concrete mixing facilities for concrete mix removal from
equipment provided the wastewater is contained within concrete structures,
there is sufficient storage capacity to contain the runoff from a 24-hour,
25-year storm event plus one foot freeboard and the facility develops and
maintains a spill control plan in the event of a wastewater release. The
facility shall notify the appropriate Division regional office in writing
noting the owner, location, and that the design complies with the above
criteria;
(15) Recycling of wash
and rinse water at vehicle wash facilities provided the wastewater is contained
within concrete, steel or synthetic structures, all vehicle washing is
conducted under roof or there are no direct or indirect precipitation inputs,
and the facility develops and maintains a spill control plan in the event of a
wastewater release;
(16) The reuse
or return of wastewater within the treatment works of a permitted wastewater
treatment system;
(17) Recycle
systems that are part of a stormwater management systems permitted under
15A NCAC
02H .1000, and the wastewater is recycled
back through the process in which the waste was generated; and
(18) Recycling of rinse water for separating
gems from gravel, sand, or rock in a flume at commercial gem mine facilities
with total system flow of less than 100,000 gpd, provided the wastewater is
contained within storage structures, no biological or chemical additives are
used, and the facility develops and maintains a spill control plan in the event
of a wastewater release. The facility shall notify the appropriate Division
regional office in writing noting the owner, location, and that the design
complies with the required criteria.
(b) Nothing in this Rule shall be deemed to
allow the violation of any surface water, groundwater, or air quality
standards, and in addition any such violation is a violation of a condition of
a permit.
(c) The reclaimed water
user shall report any violation of this Rule or any discharge to surface waters
from the utilization systems listed in Paragraph (a) of this Rule to the
Division and in accordance with
15A NCAC
02B .0506.
(d) Utilization systems deemed permitted
under this Subchapter shall remain deemed permitted, notwithstanding any
violations of surface water or groundwater standards or violations of this Rule
or other Permitted By Regulation rules in this Subchapter, until such time as
the Director determines that they shall not be deemed permitted in accordance
with the criteria established in this Rule.
(e) The Director may determine that a
utilization system shall not be deemed to be permitted in accordance with this
Rule and require the utilization system to obtain an individual permit or a
certificate of coverage under a general permit. This determination shall be
made based on existing or projected environmental impacts, compliance with the
provisions of this Rule and the compliance history of the facility
owner.
Authority
G.S.
130A-300;
143-215.1(a)(1);
143-215.1(b)(4)(e);
143-215.3(a),(d);
Eff. June 18, 2011 (See S.L. 2011-48);
Amended Eff. March 19,
2015;
Readopted Eff. March 21,
2019.
